Foster v. E. I. Du Pont De Nemours & Co.

WOODS, Circuit Judge.

Plaintiff, James C. Foster, was injured on November 3, 1916, by a spurt of boiling water while employed as “change man” in “tub house No. 12,” used in the manufacture of gun cotton in the munitions plant of defendant, E. I. du Pont de Nemours & Co., at Hopewell, Va. The tub house contained 128 covered wooden tubs in rows; each tub being 6 feet high and 10 feet 6 inches internal diameter. Cotton, after being treated with acid, was several times boiled in these tubs. For the purpose of draining the tubs were provided with a perforated false bottom about 6 inches above the…